Constitutional FAQ Answer #122

Q122. "I have been told that there is a section of
the Constitution that talks about dividing existing states and how it cannot
happen. Can you help me find this article?"

A. Article 4, Section 3 deals with this
issue. It says that no state may be created from within the boundaries of an
existing state unless the existing state agrees to the division. West Virginia
was created from within the borders of Virginia during the Civil War when
unionists declared that the state legislature was invalid and they convened
their own legislature, which the United States recognized. This new legislature
approved the division of Virginia into Virginia and West Virginia. This is the
only such time that this provision of the Constitution has been put into effect
as of this writing.